They're on trustpilot, send them a "preview" of your factual/coherent extremely negative review and give them a week to sort out to your satisfaction before you absolutely "slate" them.
If they are willing to cancel and refund the order. Can you not place the order again, and when they drop off the gravel, they can collect the old bag. Granted, it means having to deal with them but you will get what you wanted in the first place, assuming that they don't send out the wrong item again. Even if they do send out the wrong item, ask them to take the old one back with the new one.
The outcome to this PITA is that Paypal did come to the rescue. I phoned them up and after a conversation telling me they only pay out a max of £15 for a return they did give me a £60 token to cover this cost. Not sure if Gravelmaster is getting way with its shoddy practice again, but at least I've recouped my money.
Paypal has the agreement from Gravelmaster to refund so long as I return the current delivery at my cost. Paypal is now paying me the return delivery in the form of a token which is not ideal but means I'm not out of pocket. Ideally, I'd like to take them to court but that would mean taking time off work and additional costs. I do feel I'm letting Gravelmaster off the hook and that is what their company relies on...
I see, so the £60 will cover the delivery back to Gravlemaster and you have the hassle of organising it's collection etc. I expect Paypal will undoubtedly pursue Gravelmaster in some way, they won't just let it slide though you'll not hear about that. Pretty sure that once a Paypal dispute is raised, Paypal will effectively seize the value of the transaction until it's resolved and the seller will have to pay back Paypal.
IMO theres a good chance that they will cave as soon as they start to receive the formal letters and papers re a court case - there is not a shadow of a doubt that the law requires them to pay the cost of return.
IMO theres a good chance that they will cave as soon as they start to receive the formal letters and papers re a court case - there is not a shadow of a doubt that the law requires them to pay the cost of return.
You can claim the court fees back, but I don't think you can claim for your own time. I might be wrong though. That said, AFAIK, you could state that you will will be turning up with a lawyer, and you could claim for the lawyer's costs.
I was chatting to a lawyer in my local a few months ago. Someone was falsely accused of littering. The guy had put his bin bags out on the proscribed day. The accused had CCTV evidence that showed that it was the council employees trying to pull a fast one (they ripped open his black bin bag and spewed the contents of it on to the floor and then riffled through it to find a letter addressed to him so that thy could issue him a FPN). The lawyer told the accused that he would happily represent them in court and whack in a higher than normal fee- unfortunately, the accused guy didn't want to run the risk of ending up with a criminal record and forwarded the video to the council- who sacked the employee and dropped the case).
For small claims it is very unlikely to end up in court. What will happen is a judge will look at the evidence, and if its clear cut, they will award it either way.
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